DELAWARE — The Delaware League of Local Governments is pushing back against state legislation they say threatens local control over zoning and land-use decisions.
The league represents officials from all three counties and fifty-seven chartered municipalities. They argue that local governments are best equipped to make zoning decisions based on infrastructure capacity, environmental impact, and the character of their communities.
Georgetown Mayor Bill West, who is also the vice president of the Delaware League of Local Governments, says they've had less and less input on legislation that directly impacts the communities they serve.
“We’re not getting them calls anymore, and it’s a shame,” said Mayor West, “I think they need us as much as we need them. It’s a working relationship, but we don’t have that working relationship — and we need to get back to it as soon as possible.”
West cited recent bills targeting zoning related to offshore wind energy, marijuana businesses, and accessory dwelling units. Saying the state’s increasing willingness to override local ordinances is leaving municipalities seemingly powerless.
“It’s giving us no authority,” he said. “No matter what we decide, they can do a bill to go against us from this point on — and that’s not right.”
The league argues local officials are closest to the residents affected by zoning decisions and are best equipped to tailor land-use policies to the unique needs of each community. They warn that blanket policies imposed from Dover could erode public trust and bypass the democratic process at the local level.
“What’s good in Wilmington and what works in Wilmington might not work in Lewes, and vice versa,” said Dewey Beach Commissioner Paul Bauer, a League member. “The things we do with our zoning in Dewey Beach might not work in Dover. Every community is unique, and I think we need to respect the will of the people that are there for what they want.”
The municipal leaders argue that effective land-use planning requires local knowledge of infrastructure, environmental conditions, and community priorities — factors they say cannot be addressed by statewide mandates.
In response, some Delaware Democratic lawmakers have defended the recent legislation. Rep. Claire Snyder-Hall (D-District 14) said the bills are not about stripping local control, but about upholding statewide policy decisions passed by the General Assembly.
“There is a difference between local control over issues that affect the people in a particular region and attempts by a county or municipality to undermine or obstruct the legitimate decisions of the General Assembly, elected by people all over Delaware,” Snyder-Hall said.
“For example, the General Assembly has the authority to determine energy policy for the state of Delaware. SB 159 will nullify the attempt of Sussex County Council to usurp the General Assembly’s authority by blocking US Wind from building an electric substation on its own private property in an area already zoned by County Council for heavy industry.”
Snyder-Hall also defended the marijuana legislation,
“Likewise, SB 75 will stop Sussex County Council from blocking the retail marijuana industry from operating, thus undermining the rightful decision of the General Assembly to legalize recreational cannabis,” Snyder-Hall said. “Again, this is not a legitimate function of local government.”
